GAURISH PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister to refuse an employer nomination by Gaurish Pty Ltd. The delegate's refusal was based on the grounds that Gaurish's nomination did not satisfy regulation 5.19 of the Migration Regulations 1994, specifically concerning the employer's satisfactory record of compliance with workplace relations laws. The Tribunal's decision was delivered by Deputy President J.L. Redfern PSM.

The primary legal issue before the Tribunal was whether Gaurish Pty Ltd had demonstrated compliance with the requirements of regulation 5.19, particularly regarding its record of workplace relations compliance and the presence of adverse information. This involved assessing whether the employer had a satisfactory record of compliance with Commonwealth laws relating to workplace relations and whether any adverse information known to the Department of Immigration was reasonable to disregard. The Tribunal also considered the specific circumstances surrounding the resignation of a previous employee and the subsequent engagement of the nominated individual, as well as a period where Gaurish was barred from acting as a sponsor due to an underpayment issue.

The Tribunal reasoned that while there was adverse information concerning an underpayment to an employee, Mr. Nayak, it was reasonable to disregard this in the circumstances. Gaurish had cooperated with the Australian Border Force, rectified the underpayment, and taken steps to ensure future compliance with the relevant award. The Tribunal found that Gaurish had a satisfactory record of compliance with workplace relations laws, considering the difficulties in recruiting skilled staff in a regional area and the impact of the COVID-19 pandemic on its operations. The Tribunal was satisfied that the employer met the requirements of regulation 5.19.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving Gaurish Pty Ltd's nomination.